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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIOb R \ G 1 N A L
Date: June 18, 2009
Subject: Resolution of the. Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Amendment to the Agreement and
the issuance of a Purchase Order in the
amount of $8,700 to GEO-CAL
I ncorporated for additional costs
associated with the installation of the
vapor recovery system.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: July 6, 2009
Synopsis of Previous Council Action:
On February 17, 2009 - Resolution 2009-29 - the Mayor and Common Council of the
City of San Bernardino authorized the execution of an agreement and issuance of a
purchase order in the amount of $81,300 to GEO-CAL Incorporated for the purchase
and installation of a vapor recovery system for the City's gasoline fuel island as required
by AQMD Rule 461.
Recommended Motion:
Adopt Resolution.
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Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution, Amendment NO.1
to the Vendor Service Agreement and
Attachment "1" and "2"
Ward:
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FUNDING REQUIREMENTS:
Amount:
$8,700
Source:
FY 09-10
Account No. 635-341-5706
(Alterations &Renovations)
Finance:
Council Notes:
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ZGJ09-/93
Agenda Item No. 36
7-u.()Cf
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the execution of an Amendment to the Agreement and the issuance of a Purchase
Order in the amount of $8,700 to GEO-CAL Incorporated for additional costs associated
with the installation of the vapor recovery system.
Background:
On February 17, 2009, the Mayor and Common Council of the City of San Bernardino
authorized the execution of an agreement and issuance of a purchase order in the
amount of $81,300 to GEO-CAL Incorporated for the purchase and installation of a
vapor recovery system for the City's gasoline fuel island as required by AQMD Rule 461
per Resolution 2009-29.
Since the approval of this agreement, GEO-CAL Incorporated was notified by the San
Bernardino County Fire Department, Hazardous Material Division that as a condition of
approving the plans, the City needed to install double-walled fiberglass vent piping, a
vent transition box, sump sensors and diesel system sensors. GEO-CAL Incorporated
sent the City a letter on May 15, 2009 for the additional costs (see Attachment "1 ").
Staff has reviewed the unanticipated expenses and recommends installation.
Public Services Fleet staff recommends a budget transfer in the amount of $8,700 from
the motor fuel and lubricants account to the alterations and renovations account.
Upgrading the fuel system is a mandate from the state of California. Failure to comply
will result in closure of the gasoline dispensing operation and may result in financial
penalties. The South Coast Air Quality Management District (AQMD) is aggressively
enforcing this State requirement.
Financial Impact:
A budget amendment will be submitted to transfer $8,700 from Account No. 635-341-
5113 (Motor Fuel & Lubricants) to Account No. 635-341-5706 (Alterations &
Renovations) to cover the additional costs.
Recommendation:
Adopt Resolution.
RESOLUTION NO.
CCQ)~v
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RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER IN THE
3 AMOUNT OF $8,700 TO GEO-CAlINCORPORATED FOR ADDITIONAL COSTS
4 ASSOCIATED WITH THE INSTAllATION OF THE VAPOR RECOVERY SYSTEM.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
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SECTION 1. The City Manager of the City of San Bernardino is hereby
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8 authorized to execute on behalf of said City an Amendment to the Agreement between
9 the City of San Bernardino and GEO-CAL Incorporated, a copy of which is attached
10 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set
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forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or her
14 designee is hereby authorized to issue a Purchase Order to GEO-CAL Incorporated in
15 the amount of $8,700 for FY 09-10.
16 SECTION 3. The Purchase Order shall reference this Resolution Number and
17 shall read, "GEO-CAL Incorporated for additional costs associated with the installation
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of the vapor recovery system.
Agreement not to exceed $90,000" and shall
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incorporate the terms and conditions of the agreement.
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SECTION 4. The authorization to execute the above referenced Purchase
22 Order increase and Agreement is rescinded if it is not executed by both parties within
23 sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND THE ISSUANCE OF A PURCHASE ORDER IN THE
2 AMOUNT OF $8,700 TO GEO-CAL INCORPORATED FOR ADDITIONAL COSTS
3 ASSOCIATED WITH THE INSTALLATION OF THE VAPOR RECOVERY SYSTEM.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the
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, 2009, by the
day of
following vote, to wit:
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10 ESTRADA
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Council Members:
AYES
NAYS ABSTAIN ABSENT
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
hereby approved this
day of
The foregoing resolution is
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 6th day of July 2009, by and between
GEO-CAL IncOlporated ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
RECITALS
A. On February 17, 2009, the Mayor and Common Council of the City of San
Bernardino authorized the execution of an agreement ands issuance of a purchase
order in the amount of $81,300 to GEO-CAL Incorporated for the purchase and
installation of a vapor recovery system for the City's gasoline fuel island
("Agreement"), a copy of which is attached hereto as Attachment "2" and
incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $8,700 for a total not to exceed $90,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1 Section 2 (a) of the Agreement is amended by striking $81,300 and adding
the term $90,000.
2. All other provisions of the written contract are reaffirmed as originally stated.
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Exhibit "A"
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
GEO-CAL, INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Dated:
,2009
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
Exhibit "A"
GEO-CAL Incorporated
By:
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 6th day of July 2009, by and between
GEO-CAL Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
RECITALS
A. On February I7, 2009, the Mayor and Common Council of the City of San
Bernardino authorized the execution of an agreement ands issuance of a purchase
order in the amount of $81,300 to GEO-CAL Incorporated for the purchase and
installation of a vapor recovery system for the City's gasoline fuel island
("Agreement"), a copy of which is attached hereto as Attachment "2" and
incorporated by this reference.
B.. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $8,700 for a total not to exceed $90,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $81,300 and adding
the term $90,000.
2. All other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
GEO-CAL, INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
GEO-CAL Incorporated
By:
Dated:
,2009
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
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ATTACHMENT "1"
Geo-Cal, inc.
Environmental & Geotechnical Engineering
4370 Hallmark Parkway I Suite 101 , San Bernardino, CA 92407
Phone (909) 880-1146 Fax (909) 880-1557 Emaii: info@geo-cal.com
May 15, 2009
Mr. Don Johnson
Fleet Manager
City of San Bernardino, City Yard
182 South Sierra Way
San Bernardino, CA 92408
SUBJECT:
Additional costs associated with the installation of the Healy, Phase 11 EVR Upgrade
equipment at your gasoline fueling dispensing facility located at 182 South Sierra Way,
San Bernardino, CA 92408.
Mr. Johnson,
Please consider this letter notification that there will additional cost associated with the installation of the
Healy, Phase 11 EVR Upgrade Equipment at the facility referenced above.
The total additional cost for installation Healy equipment will be
$8,643.61
The additional costs in excess of our original contract/purchase order amount are based upon a number of
unanticipated expenses associated with the installation of the Healy equipment at your facility.
The following is a summary of the requirements that contributed to the total additional cost amount:
~ A surcharge fee of 50% to expedite the South Coast Air Quality Management District, Permit to
Construct/Operate (the non-expedited permit approval time was estimated at 3 to 4 months at the
time of submittal of the applicationfor this facility).
~ As a condition of approving the system upgrade plans, the San Bernardino County Fire
Department, Hazardous Materials Division required the installation of double-walled fiberglass
vent piping, installation of a vent transition box and all sump sensors, including the diesel fuel
system sensors.
The total additional cost referenced above will compensate Geo-Cal, Inc. for the additional permit
fees, additional materials, equipment cost and labor associated with completing this upgrade project
in a timely manner and in accordance with the requirements of the regulatory permitting agencies.
Please call (909) 880-1146 or email: holivier(UJgeo-cal.comif you have any questions or require
additional information.
Respectfully submitted,
Geo-Ca!, Inc.
// . .///;
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,;;/Y-.-..
U-4--4C-::L_v7..e..:::.. ~-,--
Henry Olivier
Vice President
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2009-29
ATTACHMENT "2"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of February 2009, by
and between Geo-Cal Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the CITY is obligated to comply with South Coast Air Quality
Management District Rule 461, a copy of which is attached hereto and incorporated herein as
Attachment" I"; and
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase and installation of a vapor
recovery system for the City's gasoline fuel island; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for purchase and installation of a vapor recovery system for the City's
gasoline fuel island.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in the City
performance specifications attached hereto as Attachment "2" and as described in its bid dated
January 23, 2009, attached hereto, marked Attachment "3" and incorporated herein by this
reference as fully as though set forth at length.
2009-29
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2. COMPENSATION AND EXPENSES.
a. For the selVices delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $81,300 to provide and perform those
products and selVices described in Section I above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be for a period of one (I) year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually aniended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of selVice under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omISSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
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respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of.
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Geo-Cal Incorporated
P.O. Box 9493
San Bernardino, CA 92427
Telephone: (909) 880-1 146
Contact: Henry Olivier
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
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11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law asSign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
proVISIOns.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
GEO-CAL INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: 2. /Z...S'--, 2009
,
VENDOR.
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BY:~O/~ LJ:Z/~
Its: i/\::; 'j;/-P_N tI~
Dated co/tc?
,2009
CITY 0 ERNARDINO
By:
City anager
Approved as to Form:
?-/?-
By:
Ja 'f F. Penman, City Attorney
I ;'
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